BILL NUMBER: SB 543	CHAPTERED  09/28/99

	CHAPTER   552
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999
	AMENDED IN SENATE   APRIL 21, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Bowen

                        FEBRUARY 19, 1999

   An act to amend Section 16010 of, and to add Section 369.5 to, the
Welfare and Institutions Code, relating to children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 543, Bowen.  Children:  psychotropic medication:  foster care.
   Existing law requires that the case plan of a child when he or she
is placed in foster care, to the extent available and accessible,
include the health and education records of the child, as specified.
Existing law requires that at the time a child is placed in foster
care the child's health and education records be reviewed and updated
and supplied to the foster parent or foster care provider with whom
the child is placed.
   This bill would revise these provisions by requiring the case plan
for each child and specified court reports and assessments to
include a health and education summary, as specified, for each child.
  The bill would require the child protection agency to provide the
caretaker with a current summary, as specified.  The bill would also
require the child's caretaker to maintain information regarding the
minor's health and education, and would require the child protection
agency or its designee to inquire of the caretaker whether there is
any new information to be added to the child's summary.  The bill
would also require the court, at the initial hearing, to direct each
parent to provide the child protective agency complete health and
education information, including specified information regarding the
child's parents.  To the extent that these requirements would
increase the duties of local public employees, this bill would impose
a state-mandated local program.
   This bill would also provide that if a child is adjudged a
dependent child of the juvenile court and the child is taken from the
physical custody of the parent, only a juvenile court judicial
officer shall have authority to make orders regarding the
administration of psychotropic medications for that child, except
that juvenile court may issue a specific order delegating this
authority to a parent upon making findings on the record that the
parent poses no danger to the child and has the capacity to authorize
psychotropic medications.  The bill would also authorize a court to
permit the administration of psychotropic medication to the child
only as specified, and would require the Judicial Council to adopt
rules of court and develop appropriate forms for these purposes on or
before July 1, 2000.  It would also provide, however, that these
provisions do not supersede local court rules regarding a minor's
right to participate in mental health decisions.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 369.5 is added to the Welfare and Institutions
Code, to read:
   369.5.  (a) If a child is adjudged a dependent child of the court
under Section 300 and the child has been removed from the physical
custody of the parent under Section 361, only a juvenile court
judicial officer shall have authority to make orders regarding the
administration of psychotropic medications for that child.  The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize psychotropic
medications.  Court authorization for the administration of
psychotropic medication shall be based on a request from a physician,
indicating the reasons for the request, a description of the child's
diagnosis and behavior, the expected results of the medication, and
a description of any side effects of the medication.  On or before
July 1, 2000, the Judicial Council shall adopt rules of court and
develop appropriate forms for implementation of this section.
   (b) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses.  These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
   (c) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
  SEC. 2.  Section 16010 of the Welfare and Institutions Code is
amended to read:
   16010.  (a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child.  The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency.  The
health and education summary shall include, but not be limited to,
the names and addresses of the child's health, dental, and education
providers, the child's grade level performance, the child's school
record, assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement, a record of the child's immunizations and
allergies, the child's known medical problems, the child's current
medications, past health problems and hospitalizations, a record of
the child's relevant mental health history, the child's known mental
health condition and medications, and any other relevant mental
health, dental, health, and education information concerning the
child determined to be appropriate by the Director of Social
Services.  If any other provision of law imposes more stringent
information requirements, then that section shall prevail.
   (b) Additionally, any court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (b) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a).
   (c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker with the child's current health and
education summary as described in subdivision (a).  For each
subsequent placement, the child protective agency shall provide the
caretaker with a current summary as described in subdivision (a)
within 48 hours of the placement.
   (d) The child's caretaker shall be responsible for obtaining and
maintaining accurate and thorough information from physicians and
educators for the child's summary as described in subdivision (a)
during the time that the child is in the care of the caretaker.  On
each required visit, the child protective agency or its designee
family foster agency shall inquire of the caretaker whether there is
any new information that should be added to the child's summary as
described in subdivision (a).  The child protective agency shall
update the summary with such information as appropriate, but not
later than the next court date or within 48 hours of a change in
placement.  The child protective agency or its designee family foster
agency shall take all necessary steps to assist the caretaker in
obtaining relevant health and education information for the child's
health and education summary as described in subdivision (a).
   (e) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known.  The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing.  The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
